F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 27 May 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Mario Gallavotti (Italy), member on the claim presented by the player, Player C, from country P as Claimant against the club, Club B, from country T as Respondent regarding an employment-related dispute between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 27 May 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Mario Gallavotti (Italy), member on the claim presented by the player, Player C, from country P as Claimant against the club, Club B, from country T as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 6 August 2012, Player C, from country P (hereinafter: player or Claimant), and Club B, from country T (hereinafter: club or Respondent), signed an employment contract valid as from 6 July 2012 until 31 May 2013 (hereinafter: contract). 2. In accordance with the contract, the player was entitled to receive monthly remuneration of EUR 50,000 net. 3. On 28 November and 3 December 2013, the player put the club in default of payment of monies owed to him under the terms of the contract. 4. On 12 December 2013, with a subsequent amendment on 6 January 2014, the player lodged a claim in front of FIFA against the club asking that he be paid outstanding remuneration in the amount of EUR 100,000 net (salary for April and May 2013) plus 10% interest as of 30 May 2013. 5. In spite of having been invited by FIFA to provide its position regarding the claim, the club did not respond to the claim or make any statements during the course of the investigation. II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 12 December 2013. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012) it is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a country P player and a country T club. 3. In this respect, the Chamber was eager to emphasise that contrary to the information contained in FIFA’s letter dated 22 May 2014, by means of which the parties were informed of the composition of the Chamber, the member Mr. J and the member Mr. M refrained from participating in the deliberations in the case at hand, due to the fact that the member Mr. J has the same nationality as the Claimant and that, in order to comply with the prerequisite of equal representation of the club and player representatives, also the member Mr. M refrained from participating and thus the Dispute Resolution Chamber adjudicated the case in the presence of three members in accordance with art. 24 par 2 of the aforementioned Regulations. 4. Furthermore, the Chamber analysed which regulations should be applicable as to the substance of the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012), and considering that the present claim was lodged on 12 December 2013, the 2012 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 5. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In doing so, it started by acknowledging the abovementioned facts as well as the arguments and documentation submitted by the parties. The Chamber, however, emphasised that in the following considerations it will refer only to the facts, arguments and documentary evidence, which it considered pertinent for the assessment of the matter at hand. 6. In this respect, the Chamber acknowledged that the parties to the dispute signed an employment contract on 6 August 2012, in accordance with which the Respondent would pay monthly remuneration of EUR 50,000 net as from 1 February 2011 until 31 May 2012 to the Claimant. 7. In continuation, the Chamber noted that the Claimant alleged that the Respondent had failed to pay the outstanding amount of EUR 50,000 in relation to the month of April 2013, and EUR 50,000 in relation to the month of May 2013. Consequently, the Claimant asked to be awarded with the payment of the total amount of EUR 100,000 net, plus interest. 8. Subsequently, the Chamber noted that the Respondent failed to present its response to the claim of the Claimant, in spite of having been invited to do so. By not presenting its position to the claim, the Chamber was of the opinion that the Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant. 9. Furthermore, as a consequence of the aforementioned consideration, the members of the Chamber held that in accordance with art. 9 par. 3 of the Procedural Rules, they shall take a decision upon the basis of the documentation already on file; in other words, upon the statements and documents presented by the Claimant. 10. Taking into account the documentation presented by the Claimant in support of his petition, the Chamber concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 11. On account of all of the above, the Chamber decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant outstanding remuneration in the total amount of EUR 100,000 net. 12. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the Chamber decided that the Respondent must pay to the Claimant interest of 5% p.a. on the amount of EUR 100,000 as from 31 May 2013 until the date of effective payment. 13. The Chamber concluded its deliberations on the present matter by rejecting any further request filed by the Claimant. ***** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player C, is partially accepted. 2. The Respondent, Club B, is ordered to pay to the Claimant outstanding remuneration in the amount of EUR 100,000 net plus 5% interest p.a. as of 31 May 2013 until the date of effective payment, within 30 days as from the date of notification of this decision. 3. In the event that the aforementioned sum plus interest is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further request filed by the Claimant is rejected. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 / Fax: +41 21 613 50 01 e-mail: info@tas-cas.org / www.tas-cas.org For the Dispute Resolution Chamber: Markus Kattner Deputy Secretary General Encl. CAS directives